Resolution CM/ ResDH (2018)461

Execution of the judgments of the European Court of Human Rights Four cases against Cyprus

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

41903/10+

A.H. AND J.K.

21/07/2015

21/10/2015

41753/10+

H.S. AND OTHERS

21/07/2015

21/10/2015

41858/10

K.F.

21/07/2015

21/10/2015

3473/11+

MEFAALANI

23/02/2016

23/05/2016

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the absence of an effective and speedy remedy for the applicants to challenge the lawfulness of their detention (violations of Article 5, paragraph 4); and in some circumstances, and for certain periods, the unlawful detention of the applicants (violation of Article 5, paragraph 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action plan provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)972 );

Considering that the question of individual measures has been resolved, given that the applicants have been released from detention;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the M.A. case and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures needed;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these four cases.